JASWANT KAUR Vs. DILBAGH RAI

JUDGEMENT

(1.) This order shall dispose of Civil Revision No.1715 of 2001 filed by Jaswant Kaur and others (Objector No.14) and Civil Revision No.1716 of 2001 filed by Sadhu Singh and others (objector No.5) against the order passed by the learned Executing Court on 02.12.2000 and order in appeal dated 27.03.2001.

(2.) The case has a chequered history, but for the purposes of present revision petitions, it is not necessary to give the complete background. One Mahant Anand Sarup allegedly died in the year 1920. The disputes arose regarding the succession to the property after his death. Multifarious litigations have been instituted after the death of Mahant Anand Sarup. In respect of present revision petitions, one Jasbir Chand Mahant @ Yashvir Chand filed a suit for possession claiming to be Mahant appointed by Begh on 24.04.1960 against Smt. Bachan Kaur and Jaswant Kaur, widows of Mahant Anand Sarup, who claimed title over the suit property by way of natural succession. The said suit was dismissed by the learned trial Court, but was decreed by this Court on 27.08.1968 in RFA No.353 of 1963. The appeal against the said judgment stands dismissed on 10.01.1980 by Hon"ble Supreme Court. In the judgment of this Court, it was noticed that most of the property was in the possession of the tenants. Before the Hon"ble Supreme Court, the counsel for the defendants namely Smt. Jaswant Kaur and Bachan Kaur offered to surrender possession provided the plaintiff pays maintenance at the rate of ` 500 per month. After the said decree was affirmed by the Hon"ble Supreme Court, the decree-holder sought execution of the aforesaid decree for possession, which was resisted by filing an objection petition by 17 objectors. The said objection petition was dismissed by the learned Executing Court on 02.12.2000. 16 separate appeals were filed by the objectors and such appeals were dismissed on 27.03.2001.

(3.) Mr. Parshar, learned counsel for the decree-holder has handed over a photocopy of the objections filed by the present objectors. It is alleged that Smt. Bachan Kaur was the owner, whereas the objectors were occupancy tenants under her in land measuring 135 Kanals 1 Marla, as detailed in para No.1 of the objection petition, as per jamabandi for the year 1966-67. The petitioners relied upon an order passed by the Assistant Collector, Ludhiana, under Section 18 of the Punjab Security of Land Tenures Act, 1953 on 08.07.1965, whereby the land was ordered to be transferred to Babu Singh, Sadhu Sinh and Pooran Singh. Thus, objector No.1 Sadhu Singh has claimed possession of one third share; objector Nos.2 to 5 claimed one half share and objector Nos.6 to 9 claimed one sixth share of entire land. Such objections have been dismissed by the Executing Court holding that the order of purchase passed by the Assistant Collector is after the filing of the sit and thus, hit by doctrine of lis pendence and will not confer any better right than the defendants in the suits.